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The police can ask, but you don’t have to answer.
In the United States, we have important rights. The Fifth Amendment to the U.S. Constitution says that a person can’t be forced to be a witness against themselves. This protection applies at any point when the police question you.
Shealey Law Firm explains your rights when being questioned by the police.
Your Rights When the Police Question You
When the police question you, you have the right to:
Refuse to Answer Questions
Answering police questions is always optional. If you’re stopped while driving a vehicle, you must provide your license, proof of insurance, and registration. But that’s it. You can simply say, “I wish to remain silent,” “I’m exercising my rights,” or “I’d rather not answer.”
Common questions include where you’re coming from, if you’ve had anything to drink, and whether you’re okay with being searched. Stay calm and polite – you don’t have to answer, and you can say no to being searched.
Leave, Unless you are Detained or Under Arrest
The police can stop you for a brief period if they suspect your involvement in criminal activity. There’s no set duration for a reasonable amount of time; it depends on the circumstances. If you’re not suspected of a crime, you have the right to leave. For example, if you are a witness, and the police want to talk to you about it, you can say no, and ask if you’re free to leave.
Ask for a Lawyer
If the police question you, you may ask for a lawyer. Assert your right to a lawyer right away. Then, protect your rights by declining to speak more. If you continue to speak voluntarily after asking for a lawyer, the things that you say may be ruled admissible. Say that you want to speak to a lawyer, and then stay quiet.
Decline Consent to Search
The police might ask you if they can search your person, your property, your vehicle, or your home.
You can say no. All they can do is a brief pat down during an investigatory detention to see if you are armed. If you don’t consent to a search, the police have to either get a search warrant or rely on a different search warrant exception. If the police come to your house, step outside and close the door, rather than letting them see in.
Decline Participation in Field Sobriety Tests
If the police suspect you of drunk driving, they may ask you to participate in field sobriety tests, which you can decline. That doesn’t mean the investigation will end. They probably will still ask for a chemical test, like a breathalyzer or blood test. (S.C. Code § 56-5-2950). If you don’t take the chemical test, your license is subject to suspension. However, there is no similar penalty for saying no to field sobriety tests, even if the police ask.
Your Miranda Rights: What They Mean and When They Apply
Miranda Rights are a warning that police must give before they question someone who is in law enforcement custody. The warning ensures that people understand their legal rights when being questioned by the police.
Miranda Rights apply when someone is in custody or under arrest. If the police approach you on the street, or even when they pull you over, they don’t have to read you your rights. If you’re in police custody, they must inform you of your Miranda Rights before questioning you. If they don’t, the court may refuse to allow your statements in court.
If the police start to recite your rights, ask for a lawyer right away.
Do I have to Answer Police Questions?
No, you never have to answer police questions. The right to remain silent applies at any stage.
Answering police questions is rarely a good idea. What you tell the police is admissible in court. The police may misunderstand or take your words out of context. It may put you in a position to have to testify to explain earlier statements. If the police want to talk to you, contact a lawyer for guidance.
What happens if the police violate your rights when being questioned?
If the police violate your rights when you’re questioned, the evidence against you may be suppressed by the court. As the defendant, you must ask for the suppression of evidence.
It’s a common misconception that the court can throw out the charges. Instead, the court can refuse to allow what you said to be heard in court.
The legal case may continue. However, prosecutors may decide that it’s impractical to continue without the defendant’s statements. The prosecutor or solicitor is the one who decides whether to dismiss the case.
What to Do if You Feel Pressured to Speak When Being Interrogated by the Police
Never fight or resist the police, even when they’re in the wrong. Stay calm and assert your right to a lawyer.
Talk to a Lawyer
Do you believe the police violated your rights? We know your rights when you’re questioned by police in South Carolina. Get legal advice and representation for your case. Contact Shealey Law Firm.